dr. james siem beyond not quite comprehending it was over. >> it hasn't hit yet. it's overjoyed and relieved. but it's just -- hasn't hit me yet. >> he and his wife were riding in a red smart car they cutof a retired mortgage broker. he followed the couple to their house and into their garage. he got a gun, fired a warning shot then hit him in the stomach. he survived. a judge ruled it was self-defense and dismissed this case, bu the district attorney took it to the grand jury, which handed down an indictment. today, a second judge blasted baabarian for failing to show evidence that wouldave been favorable to simon. >> i sure that over the years is a decent man. he's not being tried because of his, quote character he was being tried because unfortunately, decisions he made at that time were not reasonable. >> babarian tells me he will not appeal the se. >> what do you want to do now? >> i want to do good. i want to leave this as a small footnote and leave things better than the way i found it. as a fizz shi and inventor. >> i left messages for thean dr. simon shot

dr. james siem beyond not quite comprehending it was over. >> it hasn't hit yet.erjoyed and relieved. but it's just -- hasn't hit me yet. >> he and his wife were riding in a red smart car they cutoff a retired mortgage broker. he followed the couple to their house and into their garage. he got a gun, fired a warning shot then hit him in the stomach. he survived. a judge ruled it was self-defense and dismissed this case, but the district attorney took it to the grand jury, which handed down an indictment. today, a second judge blasted baabarian for failing to show evidence that would have been favorable to simon. >> i'm sure that over the years he is a decent man. he's not being tried because of his, quote character he was being tried because unfortunately, decisions he made at that time were not reasonable. >> babarian tells me he will not appeal the case. >> what do you want to do now? >> i want to do good. i want to leave this as a small footnote and leave things better than the way i found it. as a fizz shin and inventor. >> i left messages for the man dr. simo